Property Maintenance Code

Transcription

1 EXHIBIT A City of Cameron Property Maintenance Code *Formerly Chapter 3 (Buildings) Article IX of the City of Cameron Code Adopted March 4, 2019 ORDINANCE 6062 Page 1 of 35

2 Page 2 of 35

3 CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL Title. These regulations shall be known as the Property Maintenance Code of The City of Cameron hereinafter referred to as this code Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare in so far as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION 102 APPLICABILITY General. T Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, owner s authorized agent, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner s authorized agent shall be responsible for the maintenance of buildings, structures and premises Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Fuel Gas Code, International Mechanical Code and the National Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the City of Cameron Zoning Code Existing remedies. Page 3 of 35

4 The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer s installation instructions Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Section and Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provision of this code shall apply Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official Application of referenced. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTIONS General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction; and the code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority. Page 4 of 35

5 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy(s) code official, other related technical officers, inspectors and other employees Liability. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property maintenance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL General. The code official shall enforce the provisions of this code. The code official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations Modifications. SECTION 105 APPROVAL Page 5 of 35

6 Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner s authorized agent, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. SECTION 106 VIOLATIONS Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. Page 6 of 35

7 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure and or violation is located and shall be a lien upon such real estate not to exceed $750 per incident. Ord. 5482, 3/2/ Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 within a period of seven (7) days from the receipt of the notice, abate the nuisance shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure and or violation is located and shall be a lien upon such real estate not to exceed $750 per incident. Ord. 5482, 3/02/ Violation penalties. Any person, who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. SECTION 107 NOTICES AND ORDERS Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections and to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section Form. Such notice prescribed in Section shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5. Inform the property owner or owner s authorized agent of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally; 2. Sent by certified or first-class mail addressed to the last known address; or Page 7 of 35

8 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the City of Cameron "Dangerous Buildings Ordinance" Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law Dangerous structure or premises. For the purpose of this code, any structure or premises that have any or all of the conditions or defects described below shall be considered dangerous: Page 8 of 35

9 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give away. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. The building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner s authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or owner s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner s authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner s authorized agent or the person or persons responsible for the structure or equipment in accordance with Section If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section Placarding. Upon failure of the owner, owner s authorized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word Condemned, Unsafe, or Dangerous Structure and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard Placard removal. Page 9 of 35

10 The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premise or shall operate placarded equipment, and any owner, owner s agent or any person responsible for the premises who shall let anyone occupy a placarded premise or operate placarded equipment shall be liable for the penalties provided by this code Abatement methods. The owner, owner s authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. SECTION 109 EMERGENCY MEASURES Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official. It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency Closing streets. When necessary for public safety, the code official shall temporarily close structures and closes, or orders the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises or owner s authorized agent where the unsafe structure is or was located for the recovery of such costs. Page 10 of 35

11 109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION General. The code official shall order the owner or owner s authorized agent of any premises upon which is located any structure, which in the code official s judgment is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to board up and hold for future repairs or to demolish and remove at the owner s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner s agent to demolish and remove such structure or board up until future repair. Boarding and building up for future repair shall not extend beyond six months, unless approved by building official Notices and orders. All notices and orders shall comply with Section Failure to comply. If the owner of a premises or owner s authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. SECTION 111 MEANS OF APPEAL Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means Membership of board. The board of appeals shall consist of a minimum of three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms Alternate members. The chief appointing authority shall appoint two or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership. Page 11 of 35

12 Chairman. The board shall annually select one of its members to serve as chairman Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer Compensation of members. Compensation of members shall be determined by law Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the board membership Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appellant s representative shall have the right to request a postponement of the hearing Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official Administration. The code official shall take immediate action in accordance with the decision of the board Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board. CHAPTER 2 DEFINITIONS Page 12 of 35

13 SECTION 201 GENERAL Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter Interchangeability. Words stated in the present tense, include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, City of Cameron Zoning Code, International Plumbing Code, International Mechanical Code or the National Electrical Code, such terms shall have the meanings ascribed to them as stated in those codes Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies Parts. Whenever the words dwelling unit, dwelling, premises, building, rooming house, rooming unit housekeeping unit or story are stated in this code, they shall be construed as though they were followed by the words or any part thereof. SECTION 202 GENERAL DEFINITIONS APPROVED; Approved by the code official. ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE: Any vehicle which does not possess an engine, has one (1) or more missing tires, or is incapable of being operated upon public highways and streets for want of major components including transmission, window glass, body panel, seat, steering wheel, or instrument panel shall be deemed an abandoned, wrecked, dismantled, or inoperative vehicle. Any vehicle which is located on private or public property and which does not have lawfully affixed thereto an unexpired license plate and a current motor vehicle safety inspection certificate or an antique license shall be deemed an abandoned, wrecked, dismantled, or inoperative vehicle. ANCHORED: Secured in a manner that provides positive connection. BASEMENT: That portion of a building which is partly or completely below grade. BATHROOM: A room containing plumbing fixtures including a bathtub or shower. BEDROOM: Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. CODE OFFICIAL: The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN: To adjudge unfit for occupancy. DEBRIS: Any condition on any lot or land that has the presence of debris of any kind is hereby declared to be a public nuisance, subject to abatement. Debris includes weed cuttings, cut and fallen trees and shrubs, overgrown vegetation and noxious weeds which are seven (9) inches or more in height, rubbish and trash, lumber not piled or stacked twelve (12) inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, and/or any flammable material. The word "debris" also includes any other material found on any lot or land that is unhealthy or unsafe, provided that it is described in detail in the notice that is required in section 107. DETACHED: When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection. DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness. [B] DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. EASEMENT: That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. Page 13 of 35

14 EQUIPMENT SUPPORT: Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and structure. EXTERIOR PROPERTY: The open space on the premises and on adjoining property under the control of owners or operators of such premises. EXTERMINATION: The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serves as their food; by poison spraying, fumigating, and trapping or by any other approved pest elimination methods. GARBAGE: The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. GUARD: A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. HABITABLE SPACE: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. HISTORIC BUILDING: Any building or structure that is one or more of the following: 1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 3. Certified as a contributing resource within a National Register or state or locally designated historic district. HOUSEKEEPING UNIT: A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time. INFESTATION: The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. INOPERABLE MOTOR VEHICLE: A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. JUNK: Any metal, glass, paper, rags, wood, brush, appliances, vehicle parts, machinery or machinery parts, cloth, or other waste, or discarded material of any nature or substance whatsoever, scrap or salvage material. LABELED: Equipment, materials or products to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labelling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specific purpose. LET FOR OCCUPANCY OR LET: To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. OCCUPANCY: The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT: Any individual living or sleeping in a building, or having possession of a space within a building. OPENABLE AREA: That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON: An individual, corporation, partnership or any other group acting as a unit. PREMISES: A lot, plot or parcel of land, easement or public way, including any structures thereon. PRIVATE PROPERTY: Any real property within the City of Cameron which is privately owned and which is not public property. PUBLIC PROPERTY: Any street, highway, alley or alleyway, or public sidewalk, which shall include the entire width between the boundary lines or every way publicly maintained for the purpose of vehicular travel or pedestrian travel, and shall mean any publicly owned property or facility. Page 14 of 35

15 PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. ROOMING HOUSE: A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. ROOMING UNIT: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH: Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. [B] SLEEPING UNIT: A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. STRICT LIABILITY OFFENSE: An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. STRUCTURE: That which is built or constructed or a portion thereof. TENANT: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM: A room containing a water closet or urinal but not a bathtub or shower. ULTIMATE DEFORMATION: The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength. VEHICLE: A machine propelled by power, other than human power, designed to travel along the surface by wheels, treads, runners, or slides, and transport persons or property or pull machinery and shall included, without limitation, automobiles, trucks, trailers, lawn and garden equipment motorcycles, motor bikes, motor scooters, tractors, go-carts, buggies, wagons, vans, recreational vehicles, watercraft, and all terrain vehicles. VENTILATION: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE: Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. YARD: An open space on the same lot with a structure. CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS Page 15 of 35

16 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. No person within this city shall suffer or permit the sidewalk adjacent to any premises owned or occupied by him or of which he may have charge or control to be or remain in an unsafe condition for travel by the ordinary modes or so out of repair as to be dangerous to pedestrians traveling on the sidewalk. It shall be the duty of every person within the city owning or occupying premises or having control of the premises to keep the sidewalks adjacent to the premises in good condition or repair at all times. (a) No person shall encumber any square, street, alley or sidewalk within this city by placing or causing to be placed thereon any wood, barrels, boxes, crates, lumber, bricks, stones, or any other articles, except for businesses whose store front is adjacent to a sidewalk, but in no event at anytime when such businesses are not open to the general public. All walkways shall be kept unobstructed in a straight pathway for not less than five (5) feet in width for pedestrian traffic. This section shall not apply to persons receiving or discharging any articles in the course of regular business unless such articles are permitted to remain more than two (2) hours upon any square, street, alley or sidewalk. (b) Any person may use the squares, street, alleys or sidewalks in the construction of any new building or in the removal, repair, or alteration of any building or for the purpose of piling building materials or tools on such squares, streets, alleys or sidewalks, provided that such person shall first have obtained the written permission of the city manager to use any such squares, streets, alleys or sidewalks for such purposes, and the use of any portion of any square, street, alley or sidewalk for such purpose not granted and specified in such written permission is hereby prohibited. (c) No property owner shall allow any sidewalk, gutter or curbstone permitted to remain in an unsafe condition or out of repair by any person who is required by this Code or other ordinances of this city to keep the sidewalk, gutter or curbstone in good condition and repair; (d) No person shall park any vehicle outdoors on any portion of any zoning district whether public or private, except on an all-weather surface composed of concrete, asphalt, gravel, crushed stone or similar aggregate. The surface shall be a clearly visible layer of all-weather material, not less than four (4) inches in depth, per ICC R and shall exceed the length and width of the vehicle parked thereon by twenty-four (24) inches. All weather surfaces other than concrete and asphalt shall remain free of all grass weeds, and obnoxious vegetation at alltimes. Materials used other than concrete and asphalt shall be contained in a manner to prevent from being tracked upon alleys, streets and sidewalks.) (e) Anything in this section to the contrary notwithstanding, merchants may use the sidewalk next to and in front of their buildings for the purpose of displaying their wares and merchandise at anytime in conjunction with an organized sale or promotion, provided that the organizer of the sale or promotion shall first have obtained the written permission of the city manager to use any such squares, streets, alleys or sidewalks for such purposes, and the use of any portion of any square, street, alley or sidewalk for such purpose not granted and specified in such written permission is hereby granted. (f) Nothing in this section shall be construed to prohibit the placing of newspaper racks, United States Postal Service mailboxes, decorative planters (upon permission of the city manager) or trash receptacles (upon permission of the city manager) upon any sidewalk Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of 9 inches in height. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of Page 16 of 35